RE REE HE 2h " JOSE C. ALBOVIAS, M.D., an a RE Ea et = STATE OF FLORIDA O ~ 20100P L . DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2000-02520 RESPONDENT. Ne ee ee ee ee ee ee er ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Jose C. Albovias, M.D., hereinafter referred to as “Respondent,” and alleges: 1 Effective Jul 1, 1997, Petiti the sta agency charged with “regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of Section 20.43(3), Florida Statutes, the Petitioner has contracted with the Agericy for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. nn AE MR Re he RSH: 2. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0023408, Respondent's last known address is 55 North Kings Road, #C, Ormond Beach, FL . 32174-9484. 3. On or about April 17, 1998, Patient V.C. sought medical care at Memorial,__ Hospital Ormond Beach for abdominal pain and vomiting. She was admitted under the care of Ajay Parikh, M.D., with a preliminary diagnosis of gallstones and a plan to seek a consultation from Respondent , a general surgeon. 4. Respondent examined Patient V.C. on April 18, 1998. Respondent confirmed the diagnosis of gallstones and discussed the condition and treatment ~ alternatives with Patient V.C. and Patient V.C’s family. Following that discussion Respondent, scheduled surgery to remove the ‘gallbladder ¢ of Patient V.C. on April 19, . 1998. 5. On April 19, 1998 Respondent attempted laparasco ic sur VC. but the gallbladder was too hard and difficult to grasp. Respondent th then performed an open surgical removal of the gallbladder. Respondent observed the gallbladder to have very thick walls and be full of stones. When the fundus of the gallbladder was cut, _ Respondent observed purulent material and took a sample of the purulent material for culture and sensitivity laboratory testing. ABE ERE 7 ‘medical records for Patient V.C ~ pathology report dated 6. Patient V.C. sufficiently recovered from the surgery to be discharged from Memorial Hospital on April 21, 1998, with instructions to follow up with Respondent on April 27, 1998. 7. The hospital pathologist, in a report dated April 22, 1998, diagnosed adenosarcoma within the gallbladder from Patient V.C., which did not seem to have.- progressed outside the surface of the gallbladder nor to the connections with adjoining organs. Adenosarcoma is a malignant tumor which arises simultaneously or consecutively in mesodermal tissue and glandular epithelium. An’ unsigned “Attestation . Statement”, dated April 27, 1998, appears in the hospital records for Patient V.C., documenting a diagnosis of “Malignant Neo Gallbladder”. | 8. In his office, Respondent saw Patient V.C. on April 27,1998, May 11, 1998, and May 29,1998 for follow up and wound care. Respondent did not advise Patient V.C. of the adenosarcoma. 9. Between April 22, 1998 and May 29,1998, Respondent did not obtain the ] pathology report for Patient V.C., or did not add the Pathology feport | to Respondent's *-10. On or about October 28, 1998, Respondent notified Patient V.C. of the - 998 ig sed : a cer in the gallbladder. Respondent then referred Patient V.C. to an oncologist. ns a a cc ST A RE Wa ec ren. BM BEE a oa eat COUNT ONE 11. Petitioner realleges and incorporates paragraphs one (1) through ten (10), _ as if fully set forth herein this Count One. . 12. Respondent failed to practice medicine with that level of care, skill and _ treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in one or more of the following. 7 7 ways: a. Respondent failed to seek the results of the pathology report to determine the diagnosis for the organ which Respondent surgically removed from Patient V.C. on April 19, 1998. b. Respondent failed to notify Patient V.C. of the malignancy found on the pathology report until six months after the pathology report was issued. 13. Based on the foregoing, Respondent violated Section 458.331(1)(t) Florida Statutes by failing to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. suspension of the Respondent's license, restriction of the Respondent's practice, . imposition of an administrative fine, issuance of a reprimand, placement of the "sr PA NCES ene seen fn, F bf os oF Ba Bing Respondent on -probation, the assessment of costs related to the ‘nagtigation hd ~/ prosecution of this case as provided for in Section 456.072(4), hid tutes sy (or Aig famiata, any other relief that the Board deems appropriate. Abie SIGNED this oth gay of Hees 2001. Robert G. Brooks, M.D., Secretary “ Nancy M. Snurkowski Chief Attorney, Practitioner Regulation et 1 a COUNSEL FOR DEPARTMENT: Bruce A. Campbell Senior Attorney Agency for Health Care Administration P.O. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar # 0191163 BAC/bac PCP: June 8, 2001 PCP Members: Ashkar, Leon, Cherney FILED DEPARTMENT OF HEALT! DEPUTY CLERK CLERK Webi. (enon pate _& /(3/e! Meme enter rpm ss

Docket for Case No: 01-003060PL